The Kuala Lumpur Sessions Court has ordered the Datuk Bandar Kuala Lumpur to pay RM824,000 in damages to the family of a crane driver who was killed by a falling tree in 2023. Judge Effandi Nazila Abdullah ruled in favour of the victims’ parents, 61-year-old Gooi Ling Sim and 63-year-old Phun Kok Hoi, after finding that Kuala Lumpur City Hall (DBKL) had failed in its statutory duty and duty of care. The court maintained that the local authority was responsible for the maintenance, inspection, and control of trees on road dividers to ensure public safety.
The tragic incident occurred on 22 March 2023, when 30-year-old Phun Mun Lap was riding his motorcycle along Jalan Kuching. A tree from the central divider near the DBKL arch, close to the Selayang Daily Market, collapsed and crushed him. Phun sustained severe injuries and was treated at Selayang Hospital before passing away two days later on 24 March 2023. In the written judgement dated 9 March, the judge emphasised that the tree was under DBKL’s maintenance and the authority’s responsibility was clear and established.
Following the court’s decision, Ikatan Komuniti Selamat Chairman, Tan Sri Lee Lam Thye, stated that the ruling highlights critical weaknesses in local authority maintenance, particularly concerning urban greenery. While efforts to green the city are commendable, he argued that such initiatives must be paired with regular risk assessments and consistent maintenance to prevent threats to the public. Without rigorous care, roadside trees—especially those that are aged or structurally weak—pose a serious risk during bouts of severe weather, such as storms and high winds.
Tan Sri Lee further noted that the responsibility of local authorities extends beyond tree management to include the upkeep of potholes, damaged walkways, malfunctioning streetlights, and unstable public structures. He urged local councils to adopt a more proactive approach, which includes identifying high-risk areas and carrying out necessary pruning or the removal of hazardous trees. The establishment of rapid response teams during bad weather and improved systems of accountability are also essential to prevent future tragedies.
Ultimately, the court’s decision sends a clear message that the public has a right to justice if maintenance negligence leads to harm. Tan Sri Lee stressed that prevention remains far more important than compensation, as no amount of money can replace a life lost. He reminded local authorities that public safety must always be the highest priority in their daily operations to ensure that urban environments remain safe for all road users and pedestrians.
